Created by Fuzzy Cloud

Patna High Court

Vijay Kumar Sah @ Vijay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners, subject to bond and conditions, finding no sufficient ground to deny bail.

Summary

Vijay Kumar Sah and Santosh Kumar were arrested on 28 March 2026 in connection with an excise case involving the seizure of 71.100 litres of illicit foreign liquor from a tempo. The FIR alleged offences under Sections 30(a) and 47 of the Bihar Prohibition & Excise Amendment Act, 2016, but the petitioners contended they were merely passengers, had no conscious possession of the liquor, and possessed clean antecedents. The State opposed bail, while the petitioners argued false implication and highlighted non‑compliance of Sections 103 and 105 of the BNSS, 2023 in the investigation. The court examined the lack of direct possession, the petitioners' clean records, and procedural lapses, and consequently granted bail to both applicants. Bail was conditioned on a Rs.10,000 bond per petitioner, two sureties, cooperation with the trial, and compliance with further verification of antecedents.

Issues considered

  • Whether bail should be granted to the accused in an excise case involving illicit liquor when they are not in conscious possession of the contraband.
  • Whether non‑compliance of Sections 103 and 105 of the BNSS, 2023 warrants the grant of bail.
  • Whether the petitioners' clean antecedents and alleged false implication justify bail despite the seriousness of the offence.

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • Section 30(a)
  • Section 47
  • BNSS 103
  • BNSS 105
  • criminal procedure
  • clean antecedents
  • non‑possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29653 of 2026
                        Arising Out of PS. Case No.-193 Year-2026 Thana- Excise P.S. District- Purnia
                 ======================================================
           1.     Vijay Kumar Sah @ Vijay Kumar S/o Late Bindeshwari Sah R/o Village -
                  Phulaut, Ward no. 6, P.S. - Chausa, Dist. - Madhepura.
           2.    Santosh Kumar S/o Ganesh Mandal R/o Village - Phulaut, Ward no. 6, P.S. -
                 Chausa, Dist. - Madhepura.

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :         Mr. Pushpendra Kumar Singh, Advocate
                 For the State             :         Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   04-05-2026                          Heard Mr. Pushpendra Kumar Singh, learned

                   counsel for the petitioners and Mr. Madan Kumar, learned APP

                   for the State.

                                 2. Petitioners seek bail, who are in custody since

                   28.03.2026, in connection with Excise Sadar P.S. Case No. 193

                   of 2026, F.I.R. dated 27.03.2026 registered for the offences

                   punishable under Sections 30(a), 47 of the Bihar Prohibition &

                   Excise Amendment Act, 2016.

                                 3. Recovery is of 71.100 litres of illicit foreign liquor.

                                 4. Learned counsel for the petitioners submits that the

                   petitioners have clean antecedents and they have been falsely

                   implicated in the present case.                  He further submits that it
Patna High Court CR. MISC. No.29653 of 2026(2) dt.04-05-2026
                                            2/3




          appears from the F.I.R. as well as seizure list that nothing has

          been recovered from the conscious possession of the petitioners

          rather recovery has been made from the tempo in question and

          altogether 71.100 lires of illicit foreign liquor was recovered.

          He further submits that the petitioners are neither the owner nor

          the driver of the tempo in question and they are passengers of

          the tempo in question. He further submits that the petitioners

          have no role at all in the present occurrence and the seizure list

          witnesses are police personnel/Home Guard personnel, so there

          is non-compliance of Sections 103 and 105 of BNSS, 2023 and

          the petitioners are in custody since 28.03.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for            bail of the

          petitioners.

                       6. Considering the facts and circumstances of the case

          and the fact that the petitioners having clean antecedents and

          nothing has been recovered from the conscious possession of

          the petitioners and there is non-compliance of Sections 103 and

          105 of the BNSS, 2023, let the petitioners, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) each with two sureties of the like amount each to

          the satisfaction of learned Exclusive Special Judge (Excise-
               Patna High Court CR. MISC. No.29653 of 2026(2) dt.04-05-2026
                                                           3/3




                         02), Purnea in connection with Excise Sadar P.S. Case No. 193

                         of 2026, subject to the following conditions :-

                                      (1) Petitioners shall co-operate in the trial and shall

                         be properly represented on each and every date fixed by the

                         Court and shall remain physically present as directed by the

                         Court and on their absence on two consecutive dates without

                         sufficient reason, their bail bonds shall be cancelled by the

                         Court below.

                                      (2) If the petitioners tamper with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioners and in case at

                         any stage, it is found that the petitioners have concealed their

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioners.            However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



Ibrar//-                                                               (Rajesh Kumar Verma, J)

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.